Western Australia

Energy Coordination Act 1994

Energy Coordination Regulations 2004

Reprint 1: The regulations as at 21 February 2014

Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.Transitional, savings, modifying or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.

3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

2.The other kind of editorial note shows something has been —

·removed (because it was repealed or deleted from the law); or

·omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.

Reprint numbering and date

1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.

2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

Reprinted under the Reprints Act 1984 as

at 21 February 2014

Western Australia

Energy Coordination Regulations 2004

Contents

1.Citation1

2.Commencement1

13.Prescribed information (s. 21)1

Schedule 1 — Prescribed information

Notes

Compilation table5

	Reprinted under the Reprints Act 1984 as
	at 21 February 2014

Western Australia

Energy Coordination Act 1994

Energy Coordination Regulations 2004

[Part 1 heading deleted in Gazette 2 Aug 2011 p. 3165.]

1.Citation

These regulations may be cited as the Energy Coordination Regulations 2004 1.

2.Commencement

These regulations come into operation on 19 March 2004.

[3.Deleted in Gazette 2 Aug 2011 p. 3165.]

[Part 2 (r. 4-12) deleted in Gazette 2 Aug 2011 p. 3165.]

[Part 3 heading deleted in Gazette 2 Aug 2011 p. 3166.]

13.Prescribed information (s. 21)

(1)For the purposes of section 21 of the Act, a person or an occupier of premises may be requested to provide any or all of the kinds of information described in Schedule 1.

(2)The reference in Schedule 1 item 5 to energy infrastructure includes a reference to apparatus, facilities, structures, plant and equipment associated with the operation of such infrastructure.

[Regulation 13 inserted in Gazette 25 May 2010 p. 2271.]

Schedule 1 — Prescribed information

[r. 13]

[Heading inserted in Gazette 25 May 2010 p. 2272.]

1.Information relating to previous consumption, production, processing, storage, transportation, sale, supply, delivery or receipt of energy by the person or occupier.

2.Information relating to forecast consumption, production, processing, storage, transportation, sale, supply, delivery or receipt of energy by the person or occupier.

3.Information relating to wholesale or retail arrangements for the importation, production, processing, storage, transportation, sale, supply, delivery or receipt of energy by the person or occupier including information in respect of the following —

(a)the parties to those arrangements;

(b)principles and processes relating to those arrangements and changes to those arrangements;

(c)actual and contracted quantities of energy imported, produced, processed, stored, transported, sold, supplied, delivered or received under those arrangements;

(d)pricing and the calculations or processes underlying price movements, but only if the person or occupier is —

(i)a licensee under the Act; or

(ii)a licensee under the Electricity Industry Act 2004; or

(iii)a licensee under the Petroleum Pipelines Act 1969; or

(iv)a body established by the Electricity Corporations Act 2005 section 4(1) or a subsidiary of such a body under that Act; or

(v)a person who is exempt under section 11H(1) of the Act from section 11G(2) of the Act; or

(vi)a person who is exempt under the Electricity Industry Act 2004 section 8(1) from section 7(4) of that Act and who sells electricity to at least one customer who consumes not more than 160 MWh of electricity per annum;

(e)the content of contracts forming part of, or relating to, those arrangements;

(f)operating costs associated with, and assets utilised under, those arrangements.

4.Information relating to disruptions to the production, processing, storage, transportation, sale, supply, delivery or receipt of energy by the person or occupier including information in respect of the following —

(a)the nature, cause and sequence of events giving rise to a disruption;

(b)the nature and timing of communications relating to a disruption;

(c)the trading arrangements that apply during a disruption and the subsequent recovery period including —

(i)arrangements as to the allocation of energy, transportation capacity and storage capacity; and

(ii)pricing and the calculations or processes underlying price movements;

(d)the actual or estimated financial impact of a disruption.

5.Information relating to energy infrastructure owned or operated, or proposed to be owned or operated, by the person or occupier including information in respect of the following —

(a)the performance or anticipated performance of that infrastructure;

(b)the content of contracts relating to the performance of that infrastructure;

(c)the age, size and capacity of that infrastructure;

(d)operational arrangements including —

(i)arrangements as to redundancy or partial production capability of that infrastructure; and

(ii)arrangements designed to maintain and enhance the reliability of that infrastructure;

(e)costs associated with the acquisition, planning, construction, operation and maintenance of that infrastructure;

(f)asset management arrangements;

(g)the reliability of that infrastructure including —

(i)details and history of service interruptions or reductions; and

(ii)anticipated future capacity and reliability.

6.Information relating to an energy resource or reserve under the control of the person or occupier including information in respect of the following —

(a)the quality of that resource or reserve;

(b)the anticipated amount of energy recoverable from that resource or reserve.

7.Information relating to the emission of greenhouse gases from premises owned or occupied by the person or occupier.

[Schedule 1 inserted in Gazette 25 May 2010 p. 2272-4.]

Notes

1This reprint is a compilation as at 21 February 2014 of the Energy Coordination Regulations 2004 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
Energy Coordination Regulations 2004	19 Mar 2004 p. 849-60	19 Mar 2004 (see r. 2)
Energy Coordination Amendment Regulations 2004	15 Jun 2004 p. 2026-7	15 Jun 2004
Energy Coordination Amendment Regulations 2010	25 May 2010 p. 2271-4	r. 1 and 2: 25 May 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 26 May 2010 (see r. 2(b))
Energy Coordination Amendment Regulations 2011	2 Aug 2011 p. 3165-6	r. 1 and 2: 2 Aug 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Aug 2011 (see r. 2(b))
Reprint 1: The Energy Coordination Regulations 2004 as at 21 Feb 2014 (includes amendments listed above)

By Authority: JOHN A. STRIJK, Government Printer